2020 P Cr (PLP)
MUHAMMAD JUNAID UR REHMAN — Petitioner Versus The STATE and another — Respondents
| Citation | 2020 P Cr (PLP) |
| Forum / Court | Lahore (Multan Bench) |
| Bench Members | N/A |
| Parties | MUHAMMAD JUNAID UR REHMAN — Petitioner Versus The STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2020 P Cr (PLP)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2020 P Cr (PLP)?
The case was heard and decided by the Lahore (Multan Bench) bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2020 P Cr (PLP) (MUHAMMAD JUNAID UR REHMAN — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Arab Hassan Asif and Hafiz Haris Mehmood for Petitioner.
Headnotes / Summary
S. 497
Anti-Terrorism Act (XXVII of 1997), Ss. 11-EE(4), 11-F(2), 11-F(5), 11-F(6), 11-J, 11-N, 11-H, 11-I & 11-W(2)
Proscription of person, membership, support and meetings relating to a proscribed organization, collection of money for proscribed organization, funding arrangements for the purpose of terrorism, fund raising, use and possession of money for the purpose of terrorism, projection of proscribed organization
Non-availability of private witnesses
Accused was alleged to have issued receipts to the public after receiving money in the name of a proscribed organization, but not a single person from the public was associated with investigation who could say that the accused was collecting money in the name of said proscribed organization
No person from the vicinity who had given money to the accused came forward to support prosecution version
Trial Court had to determine after recording evidence as to whether alleged money recovered from the accused was to be spent on terrorism or anti-State activities
Guilt of accused required further probe and his case fell within the ambit of S. 497(2), Cr.P.C.
Offences with which the accused was charged did not fall within the prohibitory clause of S. 497, Cr.P.C.
Petition for grant of bail was allowed, in circumstances.
Judgment & Decree
Petitioner Muhammad Junaid-ur-Rehman son of Mehfoz-ur Rehman Anwar moved this petition for the grant of post arrest bail in case FIR No.47 dated 24.5.2019 registered under sections 11-EE(4)/ 11-F(2) / 11-F(5) / 11-F(6) / 11-J / 11-N / 11-H / 11-I/11-W(2) of Anti-Terrorism Act, 1997 by Counter Terrorism Department (CTD),. Multan on the allegation of collecting funds from the people at large in the name of a proscribed organization, namely, 'Lashkar-e-Jhangvi'.
2. Arguments heard. Record perused.
3. As per allegation petitioner was issuing receipts to the people after receiving money in the name of defunct organization ('Lashkar-e-Jhangvi') involving in terrorism activities but not a single person from public was associated with the investigation who could say that petitioner was collecting money in the name of said proscribed organization. Even not a single person from the vicinity who gave money to the petitioner came forward to support prosecution version. In this backdrop, it is yet to be determined by the trial court after recording evidence as to whether alleged money recovered from the petitioner was to be spent on terrorism or anti-State activities. In the circumstances guilt of the petitioner requires further probe and his case falls within the ambit of section 497(2), Cr.P.C. Moreover, the offences with which the petitioner has been charged do not fall within the prohibitory clause.
4. For the reasons recorded above, we allow this petition. Petitioner is directed to be released on bail subject to his furnishing bail bonds in the sum of Rs. 1,00,000/- with one surety in the like amount to the satisfaction of the trial court. SA/M-174/L Bail granted.